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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Tuesday, March 21, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will guide trademark counsel on the use of trademarks as hashtags. The panel will examine the pros and cons of using a mark as a hashtag. The panel will discuss determining whether to use a mark as a hashtag, how to use it, and the steps to take to protect the mark when using it as a hashtag. The panel will also address the pros and cons of registering hashtags as trademarks.

Faculty

Stephen J. Coates
Founder
Coates IP

Mr. Coates is an expert on areas surrounding trademarks, copyright, domain names, unfair competition, marketing, technology products, as well as litigation surrounding these topics. While at Amazon.com, he and his team managed trademarks for a diverse array of industries and the company’s domain portfolio. He served as Twitter’s first IP counsel and managed the trademark, marketing, domain and internet governance practices.

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Dina Roumiantseva
Counsel
Tucker Ellis

Ms. Roumiantseva focuses her IP practice on trademark counseling, prosecution, and litigation, as well as copyright infringement, cybersquatting, trade secrets, and contract disputes. With experience handling proceedings in federal and state courts and in arbitration, she counsels clients ranging from startups to established multinational brands on selecting and protecting strong trademark portfolios, managing risks associated with new product designs, trademark and copyright enforcement – including opposition and cancellation proceedings before the TTAB – and on IP aspects of corporate transactions. Ms. Roumiantseva is regularly called upon by clients for her deep working knowledge of trademarks and copyrights and her innovative approach to problem-solving. She is actively involved with the Publications Committee of the International Trademark Association, developing up-to-date content for practitioners and the public.

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Maureen Shannon
Associate General Counsel
Rivian

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Description

More and more brand owners are using hashtags that integrate their trademarks. Brand owners also see their marks used by third parties as hashtags on social media. Should registered marks be used as hashtags? What are some of the complications that can arise from third-party use of a mark as (or within) a hashtag? Should a hashtag be registered as a trademark?

Hashtags can be found all over social media and can be a great tool to build brand awareness. However, companies and counsel should keep in mind that the brand owner may not appreciate your use of their marks as a hashtag. Further, the use may give rise to an infringement or other claim.

This is a complex area, and counsel should consider all potential implications of using a trademark as a hashtag both by the brand owner and third parties, as well as the utility and benefits of registering hashtags for trademark protection.

Listen as our authoritative panel of IP attorneys examines the use of trademarks as hashtags.

Outline

  1. Can a hashtag function as a trademark?
  2. Using one's own trademark as a hashtag
    • Pros and cons
    • Fair use and other considerations when determining whether to use the mark as a hashtag
  3. When can the use of a hashtag give rise to liability?
    • Case examples
    • Approval process
    • Monitoring marks
  4. IP protection
    • Can it be registered as a mark? Should it be?
    • Enforcement considerations

Benefits

The panel will review these and other key issues:

  • What considerations should brand owners and their counsel weigh when determining whether to use a trademark as a hashtag?
  • What should a brand owner consider before using a hashtag?
  • What are some best practices for the protection of your hashtags?